TERMS AND CONDITIONS
Welcome to Tal Noy Photography!
These are the terms and conditions for:
(Hereby “Tal Noy Photography”).
Your use of the Tal Noy Photography website and purchase of the products (hereby "products") on such a website, means that you agree to these terms and conditions as set out below (hereby "Terms").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
Our Terms and Conditions form is part of and must be read in conjunction with our Privacy Policy, Cookies Policy, Shipping Policy, and Return Policy. We reserve the right to change these terms and conditions at any time.
ELIGIBILITY
You may use the website and purchase the products only if you can form a binding contract with Tal Noy Photography, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our services. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child.
By using the website and purchase the products, you represent and warrant that you have the full right, power, and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
SHOPPING ON THE WEBSITE
When you order a product (prints), you offer to buy the product for the price advertised and indicated on the website at the time of purchase. Please check correctly the size of the products before placing the order.
When a user of the website with the intention of purchasing a product on the website, places an order, Tal Noy Photography will send that user an email to confirm that the order has been received. This email confirmation will be produced automatically so that the user has confirmation of the order details of their product.
If the product is not available, the user will be informed of the website by email or phone.
Tal Noy Photography may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in her sole discretion. If an order is canceled, any payment made for the products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
PRICES
Tal Noy Photography reserves the right to determine the price for the products and the licenses to use the images. Tal Noy Photography will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information. We will always try to make sure that the prices on the website are accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error, or similar. Should an error in pricing be discovered, the User will be informed of such error.
PAYMENTS
Products will be paid through "PayPal" (payment platform available in Tal Noy Photography) and credit/debit card.
The customer must pay the price of the products as stipulated on the order before, the products are shipped and delivered to the customer. Payment will be debited from your credit card, debit card, or PayPal account, immediately on you placing the order for the products you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Tal Noy Photography reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
CUSTOMS TAX
Please note that any extra costs related to import/customs tax are the responsibility of the buyer. Please check your own countries policy on importing goods, as we cannot provide this for you. We do not accept claims for payment or non-payment of import taxes by the buyer.
ACCOUNT AND SECURITY
If you register on Tal Noy Photography website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address and name, you can also log in through your Facebook and Google account. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tal Noy Photography of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from Tal Noy Photography. Tal Noy Photography will not be liable for any loss or damage arising from your failure to comply with this Agreement.
By providing Tal Noy Photography your email address you consent to our using the email address to send you service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the service and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on Tal Noy Photography. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Tal Noy Photography.
Tal Noy Photography reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Tal Noy Photography believes that you have breached any of these terms, furnished Tal Noy Photography with false or misleading information, or interfered with the use of the website or the service by others.
WORK PRODUCT RIGHTS
"Work product" means all original creations prepared by Tal Noy Photography for the client (prints). Upon full and final payment, Tal Noy Photography assigns to the client all right, title and interest in and to the Work Product produced for the client, for personal use only, the commercial license is not included. The right to exploit the product (prints) and the commercial license may only be granted with the written permission of Tal Noy Photography.
The customer may not resell the products to any third party without the prior written permission of Tal Noy Photography, which may be granted or withheld at Tal Noy Photography's discretion.
Unauthorized use of the images or unauthorized use without the respective commercial licenses, may cause a violation of copyright and result in a lawsuit, as provided by Israeli and international copyright laws.
LICENSES FOR USE
The user has the possibility to buy the licenses for the use of the images available on the website. The price of the licenses will be provided upon request of the buyer depending on the exposure of the image, duration of use, etc. Please contact us through the contact information if you wish to purchase the licenses.
GENERAL COPYRIGHT
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Tal Noy Photography and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Tal Noy Photography and protected by international copyright laws. All software used on this site is the property of Tal Noy Photography or its software suppliers and protected by international copyright laws.
You have no authorization to copy, print, transmit, distribute, display, republish, post, or upload any material from our website in any way without our prior written approval, or stated otherwise on our site. By accessing our website, you do not own any rights or titles to our content or other intellectual properties. Any alteration or use of the content outside the guidelines of these Terms and Conditions violates intellectual property rights and may be prosecuted, according to Israeli and international copyright protection laws.
COPYRIGHT COMPLAINTS
Tal Noy Photography respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Tal Noy Photography website infringe upon your copyright or other intellectual property right, please send the following information to:
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Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
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A statement specifically identifying the location of the infringing material, with enough detail that Tal Noy Photography may find it on the Tal Noy Photography website. Please note: it is not sufficient to merely provide a top-level URL.
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Your name, address, telephone number, and e-mail address.
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A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
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A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
TAL NOY PHOTOGRAPHY RESPONSIBILITIES
Tal Noy Photography shall insure ordered products at their retail value whilst being delivered to you. Please check the delivered products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
Because of the nature of the Internet, Tal Noy Photography provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error-free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites that are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions, or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse, Tal Noy Photography for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Tal Noy Photography liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Tal Noy Photography will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Tal Noy Photography excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Tal Noy Photography and Tal Noy Photography shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
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Any incorrect or inaccurate information on Tal Noy Photography website.
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Any interruptions to or delays in updating Tal Noy Photography website.
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The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any Product purchased through the website.
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Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
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Any loss of profit wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
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Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from Tal Noy Photography.
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All representations, warranties, conditions and other terms which but for this notice would have an effect.
THIRD-PARTY WEBSITES
Through your use of the Tal Noy Photography website and services, you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Tal Noy Photography provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third-party sites and apps are at your own risk. You expressly acknowledge and agree that Tal Noy Photography is in no way responsible or liable for any such third-party sites.
INDEMNIFICATION
You agree to defend and indemnify Tal Noy Photography and any of their directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
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Your breach of this Agreement or the documents referenced herein.
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Your violation of any law or the rights of a third party.
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Your use on the Tal Noy Photography websites.
ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Tal Noy Photography for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
CHANGES AND TERMINATION
We may change the website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
INTEGRATION CLAUSE
This Agreement together with the Privacy Policy and any other legal notices published by Tal Noy Photography shall constitute the entire agreement between you and Tal Noy Photography concerning and governs your use of the website.
HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
FINAL PROVISIONS
These terms are governed by the laws of the State of ISRAEL. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
CONTACT INFORMATION
If you have questions or concerns about these terms or the products, please contact us throw our contact page or contact at:
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